The Italian legal framework on gambling advertising in Italy is based on primary and secondary regulation, as described below:
(i) In addition to the license contract obligations executed with the licensee, the Italian regulatory authority AAMS issued notices in 2009 addressing all gambling licensees with compulsory obligations on how promotional and advertising campaigns shall be conducted and obliging each licensee to notify the AAMS of any national campaign notwithstanding the channel of distribution. AAMS is entitled to sanction any non-compliant licensees with penalties, suspension or in the worst-case scenario with the revocation of its licence.
(ii) The competition authority AGCM issued notices on consumer protection and the consumer code itself. AGCM is entitled to sanction any non-compliant gambling operator with monetary fines.
(iii) The primary law presented by health minister Renato Balduzzi1. This law introduced stricter rules on gambling promotions, both offline and online, such as forbidding incitement to gamble and imposing compulsory inclusion of responsible gambling statements and winning probabilities information as well as the avoidance whatsoever of promotion towards minors. It forbids in particular advertising messages regarding gambling in newspapers, publications, during radio and television programs, movies and theatre performances and on the internet:
a) directed to incite gambling or to praise gambling;
b) in which minors are shown;
c) during programs and performances directed to minors;
d) without warnings on gambling addiction and notices regarding information on winning probabilities published on AAMS’s website and on the websites of each licensee or available on gambling premises.
This law also introduced major sanctioning powers for the AAMS. On 21 December 2012, AAMS published a notice in consideration of Balduzzi gambling promotions and provisions enforcement in order to provide some advertising guidelines to solve interpretation issues. The notice of the AAMS clarifies Balduzzi law provisions and obliges gambling licensees in particular to:
• insert an addiction and winning probabilities warning box (as described hereunder) at the top of the licensee’s homepage and of no less than 60 pixels in size.
• include in any TV, newspaper and publication, radio, internet, theatre, and cinema promotions the following compulsory information and warnings:
(i) name of the licensee and licensee concession number;
(ii) gambling is prohibited to minors warning in addition to the logo 18+;
(iii) addiction risk warning;
(iv) a reference to AAMS’s website and the licensee’s website for winning probabilities and/or return to players information notices.
Six months after the Balduzzi law enactment across the Italian gambling landscape, no sanctioning decision based on the law has been taken. It is interesting to point out that before the Balduzzi law came in to force, the lack of primary law encouraged associations and entities to adopt on a voluntary basis some rules and guidelines for gambling advertising.
The IAP, the institute for advertising and marketing communication self-regulation in Italy, has been among the first to care about gambling advertising with its advertising self-regulation code addressed to advertising campaign producers and has already challenged one of the biggest online poker operator’s TV campaigns in 20112. Earlier in 2012, the IAP inserted a specific section on gambling advertising into the self-regulation code.
While the aim of the institute is commendable and deemed to demonstrate the will of advertising stakeholders to embrace additional and voluntary guidelines, the effectiveness of its code is limited to its adhering partners.
1. Balduzzi law-decree (no. 158 dated 13 September 2012) has been converted into law no. 189 dated 8 November 2012.
2. http://www.iap.it/it/giuri/2011/g0932011.htm